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	<title>Houston Truck Accident Lawyer &#187; Admin</title>
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		<title>Common Causes of Semi-Truck Accidents</title>
		<link>http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-semi-truck-accidents/</link>
		<comments>http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-semi-truck-accidents/#comments</comments>
		<pubDate>Fri, 17 Jun 2011 07:22:09 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Truck Accident]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-semi-truck-accidents/</guid>
		<description><![CDATA[Because of their size and weight, semi-trucks cause more damage and fatalities than any other vehicle in accidents. Trucks only account for 2.4 percent of all motor vehicle accidents, but nearly 98 percent of the time, the drivers of the passenger vehicles are killed in semi-truck accidents. All information is provided for reference or educational [...]]]></description>
			<content:encoded><![CDATA[<p>Because of their size and weight, semi-trucks cause more damage and fatalities than any other vehicle in accidents. Trucks only account for 2.4 percent of all motor vehicle accidents, but nearly 98 percent of the time, the drivers of the passenger vehicles are killed in semi-truck accidents.</p>
<p>
All information is provided for reference or educational purposes only, please contact experienced <a title="Indiana Truck Accident Attorneys" href="http://www.kenallenlaw.com/practices_transportation_semi_truck_crashes.php">Indiana Truck Accident Attorneys</a> for additional information or legal advice.</p>
<p>These statistics show the chilling reality that semi-truck accidents are almost always fatal. To reduce this statistic, drivers need to be aware of the common causes of semi-truck accidents.</p>
<p>
<em>When the passenger vehicle driver is at fault</em></p>
<p>About 75 percent of all semi-truck accidents are caused by the driver of the passenger vehicle. Here are some common reasons why passenger vehicle drivers are at fault.</p>
<p><em>They underestimate the semi&#8217;s speed</em></p>
<p>It is common knowledge that semi-trucks do not accelerate quickly. Many people assume that they can turn left before the semi-truck reaches them, or that they can change lanes in front of a semi-truck. Turning left without yielding is a major cause of all motor vehicles, and it becomes even more dangerous when a semi-truck is the oncoming vehicle. Also, when entering a highway, never assume that a semi-truck driver is driving at a slow speed. It is hard for semi-trucks to brake quickly, so don&#8217;t change into their lane unless you are positive that you are driving at an appropriate speed.</p>
<p><em>Driving where the truck driver has little visibility</em></p>
<p>Foliage, weather, time of day and various road conditions can cause truck drivers to have reduced visibility. Most truck accidents occur in the middle of the week and in rural areas.</p>
<p>
<em>When the semi-truck driver is at fault</em></p>
<p>
Truck drivers are responsible for 14 percent of semi-truck related accidents. Here are some common reasons why semi-truck divers are at fault.</p>
<p><strong>Alcohol</strong></p>
<p>Even though only one percent of semi-truck accidents are related to alcohol, it is still important to know that alcohol does contribute to accidents.</p>
<p><strong>Brake failure</strong></p>
<p>Unfortunately, semi-trucks are notorious for brake system failures. Recent statistics have caused companies to improve their brake systems for semi-trucks.</p>
<p><strong>Fatigue</strong></p>
<p>This is one of the major causes of semi-truck accidents. Many semi-truck drivers are pressured to meet deadlines, and they compromise their sleep to meet those deadlines.</p>
<p><strong>Speeding</strong></p>
<p>Some truck drivers feel pressured to speed to meet deadlines. Even 10 miles over the limit can be very dangerous.</p>
<p>It&#8217;s important to know that this article is not intended to provide any legal advice. If you are seeking legal advice about a semi-truck accident, you must consult with a professional lawyer. A lawyer can give you more information about any legal options involving semi-truck accidents.</p>
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		<title>Common Causes of Truck Accidents in the US</title>
		<link>http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-truck-accidents-in-the-us/</link>
		<comments>http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-truck-accidents-in-the-us/#comments</comments>
		<pubDate>Thu, 16 Jun 2011 19:59:11 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Truck Accident]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/2011/06/common-causes-of-truck-accidents-in-the-us/</guid>
		<description><![CDATA[The United States is a place where trucks play a vital role. They keep America moving and they are all over the major highways. Though trucks do play an important role in the country, they can also be very dangerous. Truck accidents continue to rise every year, with thousands of people dying on the roadways [...]]]></description>
			<content:encoded><![CDATA[<p>The United States is a place where trucks play a vital role. They keep America moving and they are all over the major highways. Though trucks do play an important role in the country, they can also be very dangerous. Truck accidents continue to rise every year, with thousands of people dying on the roadways as a result. But what causes these accidents? There are many common causes, including driver error, maintenance problems, speeding, and the like. Here are some of the most common causes of truck accidents in the US.</p>
<p>This information is provided as an educational reference only, for more details or information contact an experienced <a title="Tucson truck accident attorney" href="http://1800theeagle.com/practice-areas/accidents/truck-accidents/">Tucson truck accident attorney</a>.</p>
<p><strong>Passenger vehicle driving error</strong><br />
One of the most common causes of accidents is mistake by a passenger vehicle driver. Though many will rush to blame truck drivers, lots of accidents happen because passenger vehicle drivers are not paying attention the way they need to. Following too close to trucks, driving in a truck&#8217;s blind spot, and weaving through traffic rank among the top causes by passenger vehicle drivers. Likewise, many passenger vehicle drivers abandon their vehicles on the side of the road in an unsafe manner. They leave the vehicles unattended and very close to the white line, causing problems for large truck drivers. This is an especially common cause of accidents that happen at night.</p>
<p><strong>Truck driver negligence<br /></strong>Another issue that causes truck accidents in the US has to do with truck drivers. They can be negligent in a number of ways when driving. The most obvious and common causes are unsafe driving, including speeding and following too close. Making unsafe lane changes is another problem that has been known to cause many accidents. Another thing that many people are not aware of is that driver fatigue plays a huge role in truck accidents. Drivers who fail to adhere to the mandatory sleep standards often find themselves in dangerous situations on the road and this is a very big deal. It is a form of negligence that is often overlooked by people who are in accidents.</p>
<p><strong>Maintenance problems and truck failure<br /></strong>Other accidents are causes when a company or driver fails to maintain the truck in the right way. Trucks are large and dangerous, so they need to be maintained in a responsible manner. It is important to check out the brakes, the tires, and other parts of the truck that could fail and cause an accident. When companies and truckers neglect this, they can cause big problems. Likewise, there can be issues with the equipment itself. No amount of maintenance can account for a truck that is made poorly. This falls on the head of the company that made the truck.</p>
<p>Goldberg &amp; Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.</p>
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		<title>Common Causes of Truck Accidents</title>
		<link>http://houstontruckaccidentlawyer.org/2011/05/common-causes-of-truck-accidents/</link>
		<comments>http://houstontruckaccidentlawyer.org/2011/05/common-causes-of-truck-accidents/#comments</comments>
		<pubDate>Tue, 31 May 2011 15:03:46 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Truck Accident]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Causality]]></category>
		<category><![CDATA[Semi-trailer truck]]></category>
		<category><![CDATA[Traffic collision]]></category>
		<category><![CDATA[truck]]></category>
		<category><![CDATA[Truck driver]]></category>
		<category><![CDATA[United States]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/?p=102</guid>
		<description><![CDATA[Large trucks, which are also called 18-wheelers, are involved in approximately 141,000 crashes each year according to Aubrey Allen Smith, a trucker who writes on the website Truth About Trucking. The accidents are caused by errors on the part of the truck driver or on the part of the driver of another vehicle such as [...]]]></description>
			<content:encoded><![CDATA[<p>Large trucks, which are also called 18-wheelers, are involved in approximately 141,000 crashes each year according to Aubrey Allen Smith, a trucker who writes on the website Truth About Trucking. The accidents are caused by errors on the part of the truck driver or on the part of the driver of another vehicle such as a car.</p>
<p><span style="text-decoration: underline;"><strong>Truck Driver Causes:</strong></span></p>
<p>Truck driver fatigue is one of the causes most noted in relation to trucking accidents. Drivers who are tired after hours of driving get into crashes by falling asleep at the wheel or delayed reaction time. Federal regulations are in place to minimize trucker exhaustion, but it still remains a potential cause of accidents.</p>
<p>Prescription or non-prescription medication usage is another potential cause of truck accidents. Truck drivers who take a medication are subject to delayed reaction times and put others at risk.</p>
<p>Truckers driving over the allowed speed limits are putting others at risk. Delays during the trip such as traffic or construction and too little time for the drive result in truck drivers who are pressed for time. The result is speeding, which causes accidents.</p>
<p>Drivers who are unfamiliar with a road can get into accidents due to mistakes relating to the road. For example, if construction on a road requires the driver to take an unfamiliar route, he might turn the truck the wrong direction or miss signs such as stop signs or yield signs that result in an accident.</p>
<p><span style="text-decoration: underline;"><strong>Car Driver Causes:</strong></span></p>
<p>Drivers of passenger vehicles who drive in truck driver blind spots are a potential cause of accidents. Blind spots are some areas along the side of the truck and too close to the back of the truck.</p>
<p>Drivers who cut off a truck due to misjudging distances or timing can potentially cause an accident because the brakes on large trucks are not fast enough to prevent an accident.</p>
<p>Unsafe passing, whether because the space is insufficient or speeds are too slow, can cause accidents with trucks.</p>
<p>This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorney <a href="http://www.wurtzellaw.com/">Elan Wurtzel P.C.</a> provides focused legal counsel within the area of <a href="http://www.wurtzellaw.com/practiceareas/Auto-Truck-and-Motorcycle-Accidents.asp">Truck Accidents</a>, and has provided this for informational purposes only.</p>
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		<title>Extensive Statistics of Truck Accidents and Victims Reveal the true cost of these occurrences.</title>
		<link>http://houstontruckaccidentlawyer.org/2011/05/extensive-statistics-of-truck-accidents-and-victims-reveal-the-true-cost-of-these-occurrences/</link>
		<comments>http://houstontruckaccidentlawyer.org/2011/05/extensive-statistics-of-truck-accidents-and-victims-reveal-the-true-cost-of-these-occurrences/#comments</comments>
		<pubDate>Mon, 23 May 2011 07:03:55 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Truck Accident]]></category>
		<category><![CDATA[Driving under the influence]]></category>
		<category><![CDATA[Oregon]]></category>
		<category><![CDATA[Percentage]]></category>
		<category><![CDATA[texas]]></category>
		<category><![CDATA[Traffic collision]]></category>
		<category><![CDATA[truck]]></category>
		<category><![CDATA[Truck driver]]></category>
		<category><![CDATA[United States]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/?p=100</guid>
		<description><![CDATA[Trucks are a vital part of America&#8217;s economy and infrastructure, but unfortunately, trucking accidents do occur due to negligent driving and other factors. Any driver should know about trucking accidents in order to avoid becoming a victim of one. Trucks are defined as any trailer-carrying vehicle of over 10,000 pounds for these statistics. About 500,000 [...]]]></description>
			<content:encoded><![CDATA[<p>Trucks are a vital part of America&#8217;s economy and infrastructure, but unfortunately, trucking accidents do occur due to negligent driving and other factors. Any driver should know about trucking accidents in order to avoid becoming a victim of one. Trucks are defined as any trailer-carrying vehicle of over 10,000 pounds for these statistics.</p>
<p>About 500,000 truck accidents occur every year in the United States, with about 5,000 fatalities resulting from these crashes. Around 98 percent of the time, these fatalities are from passengers in other vehicles. One out of every eight traffic accidents involves a truck, and they are more likely to be involved in fatal multi-vehicle wrecks than passenger cars or motorcycles. However, only about one percent of all accidents involving trucks are due to one of the parties driving under the influence of alcohol or other drugs.</p>
<p>Trucking accidents are more likely to occur in rural areas. Sixty-eight percent of trucking accidents occur in rural areas, and 66 percent occur during the daytime. Additionally, 78 percent of trucking accidents occur on weekdays. For those truckers that have been involved in accidents, just over one-fourth of them have previous convictions for speeding.</p>
<p>When trucking accidents are examined on a state-by-state basis, the numbers can be revealing. Texas has the most fatal truck crashes per state, with 432 in 2003. In Oregon, 1,134 trucking accidents occurred in 2004 that resulted in vehicular damage, injuries or fatalities. Of these crashes, 621 were due to the truck, and 596 were due to negligence on the part of the truck driver. While around 400 people were injured in these crashes, only 6 of the truck drivers died as a result of those injuries. In three percent of these cases, the trucker was hauling hazardous materials.</p>
<p>While overall fatal vehicular crashes tend to decline each year, despite more cars and trucks being on the road, truck-related fatalities stay at around 5,000 each year. About half of these accidents occur on the front side of the truck, and 720 involved the rear end of the truck; the rest occurred on the left or right sides, usually while the truck was turning. In around 600 cases, the truck rolled over, leading to an accident.</p>
<p>These statistics show that more measures must be taken in order to ensure truck safety, including driver training and alertness, as well as keeping trucks well-maintained and operable.</p>
<p>This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorneys <a href="http://www.searcylaw.com/">Searcy, Denney, Scarola, Barnhart, and Shipley P.A.</a> provide focused legal counsel and representation related to <a href="http://www.searcylaw.com/practices/trucking-accidents">Truck Accidents</a>, and has provided this for informational purposes only.</p>
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		<title>The causes of PPHN</title>
		<link>http://houstontruckaccidentlawyer.org/2011/04/the-causes-of-pphn/</link>
		<comments>http://houstontruckaccidentlawyer.org/2011/04/the-causes-of-pphn/#comments</comments>
		<pubDate>Sat, 02 Apr 2011 15:40:51 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Child Injuries]]></category>
		<category><![CDATA[birth injury]]></category>
		<category><![CDATA[birth injury lawyers]]></category>
		<category><![CDATA[bone injury]]></category>
		<category><![CDATA[Brain Injuries in Children]]></category>
		<category><![CDATA[brain injury]]></category>
		<category><![CDATA[dangerous drugs]]></category>
		<category><![CDATA[goldberg & osborne]]></category>
		<category><![CDATA[hazardous drugs]]></category>
		<category><![CDATA[injuries]]></category>
		<category><![CDATA[legal claims]]></category>
		<category><![CDATA[medical malpractice]]></category>
		<category><![CDATA[medical negligence]]></category>
		<category><![CDATA[personal injury law firm]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/?p=97</guid>
		<description><![CDATA[Persistent Pulmonary Hypertension of the Newborn (PPHN) is a potentially life-threatening disorder which affects a newborn’s ability to breathe properly on its own. When a baby is still in the womb, the mother’s placenta provides it with oxygen through the umbilical cord. Oxygenated blood is sent from the placenta to other body organs through a [...]]]></description>
			<content:encoded><![CDATA[<p>Persistent Pulmonary Hypertension of the Newborn (PPHN) is a potentially life-threatening disorder which affects a newborn’s ability to breathe properly on its own.</p>
<p>When a baby is still in the womb, the mother’s placenta provides it with oxygen through the umbilical cord. Oxygenated blood is sent from the placenta to other body organs through a blood vessel in the umbilical cord. After an infant is born, the umbilical blood vessel should close and the baby should instead begin to receive oxygen from the lungs. In a baby with PPHN, however, the blood vessel remains open and blood is unable to travel through the lungs in a normal fashion.</p>
<p><strong> Causes of PPHN</strong></p>
<p>The <a href="http://birthinjuryattorney.net/practice-areas/medical-malpractice/pphn/"><strong>causes of PPHN in a newborn</strong></a> are often unknown, but some possible causes have been identified by physicians and researchers. The risk of PPHN may increase if the baby experiences stress in the uterus as a result of complications in the mother’s pregnancy. These problems may include maternal diabetes, anemia, high blood pressure or delivery after the normal 40-weeks gestation period.</p>
<p>Some congenital problems and diseases that affect a baby’s lungs also may be associated with PPHN. Birth asphyxia, when an infant doesn’t receive enough oxygen during a complex delivery, has been linked with PPHN. Meconium aspiration syndrome (MAS) is also considered a potential cause of PPHN. In MAS, a newborn breathes a mixture of amniotic fluid and meconium (early feces) into the lungs during delivery. Pneumonia, anemia, respiratory distress syndrome, lung hypoplasia and hypoglycemia also are believed to be possible causes of the development of PPHN.</p>
<p>Certain antidepressants also are considered to have an impact on the development of the lung disorder. Normally, PPHN occurs in one to two births in every 1000. However, pregnant women who took SSRI antidepressants (selective serotonin reuptake inhibitors) after the 20th week of their pregnancy saw an increase in the prevalence of the disease. About six to 12 of every 1000 babies born to those mothers developed PPHN. The SSRIs studied included a wide variety of patented brand name and generic drugs.</p>
<p><strong>Symptoms and prognosis</strong></p>
<p>The symptoms of PPHN typically appear within 12 hours after a baby is born. An infant with PPHN may show signs of rapid heart rate, rapid breathing, irregular heartbeat and respiratory distress. The baby may have a bluish tint to the skin, called cyanosis. A doctor’s examination of the infant may reveal a heart murmur, low blood pressure, an enlarged liver or low oxygen levels in the blood.</p>
<p>It is important for PPHN to be diagnosed and treated promptly to minimize long-term damage. Some of the causes of PPHN are treatable, but others may cause lasting health problems for the child. Heart or kidney failure, brain hemorrhage and even death are possible.</p>
<p>Goldberg &amp; Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.</p>
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		<title>The Difference Between Robbery and Aggravated Robbery</title>
		<link>http://houstontruckaccidentlawyer.org/2010/06/the-difference-between-robbery-and-aggravated-robbery/</link>
		<comments>http://houstontruckaccidentlawyer.org/2010/06/the-difference-between-robbery-and-aggravated-robbery/#comments</comments>
		<pubDate>Fri, 25 Jun 2010 07:52:06 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[aggravated robbery]]></category>
		<category><![CDATA[robbery in texas]]></category>
		<category><![CDATA[texas criminal law]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/?p=95</guid>
		<description><![CDATA[Robbery occurs when a person intentionally and knowingly steals property directly from a victim by means of violence or fear. With regard to robbery, &#8220;intentional&#8221; means that the person committed the activity with the expressed purpose of achieving their desired result. This means the perpetrator, for example, hit the victim to frighten him into surrendering [...]]]></description>
			<content:encoded><![CDATA[<p>Robbery occurs when a person intentionally and knowingly steals property directly from a victim by means of violence or fear. With regard to robbery, &#8220;intentional&#8221; means that the person committed the activity with the expressed purpose of achieving their desired result. This means the perpetrator, for example, hit the victim to frighten him into surrendering his possessions. &#8220;Knowingly&#8221; means that the perpetrator is aware that their actions will be easily interpreted as a threat. The victim will be fully aware that he is being robbed and if he does not comply there may be physical consequences forthcoming immediately.</p>
<p>Robberies frequently occur after dark, when the robber can find cover from which to ambush their victim. The public nature of a robbery crime scene makes it hard to seal off. A robbery is usually not given the care nor manpower afforded to a murder scene. Therefore, robberies are difficult to solve and robbers may have numerous successful heists before being caught. Their eventual capture might, however, lead to numerous charges based on their method of operation. On some occasions, the victims are reluctant to report the crime, not wishing to go through the bother of the police report.</p>
<p>Robbery is usually a Class C felony, however, there are circumstances in which it is raised to a Class B felony. Then it becomes aggravated robbery, a much more serious charge.</p>
<p>To qualify as aggravated robbery, a deadly weapon must have been used in the commission of the crime, or else serious bodily injury must have occurred to the victim. Aggravated robbery occurs if a robber uses a gun to frighten the victim or uses a fist to punch the victim. Some states have yet a higher level of robbery called especially aggravated robbery, which means that both a deadly weapon was used and personal injury occurred.</p>
<p>This article is not intended to be legal advice. It is meant for information purposes only.</p>
<p>Those facing <a href="http://www.dallasjustice.com/lawyer-attorney/felonies.php">robbery charges in Texas</a> should contact Attorney Michael Lowe.</p>
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		<title>What is a Felony?</title>
		<link>http://houstontruckaccidentlawyer.org/2010/05/what-is-a-felony/</link>
		<comments>http://houstontruckaccidentlawyer.org/2010/05/what-is-a-felony/#comments</comments>
		<pubDate>Sun, 30 May 2010 09:32:46 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[criminal rights]]></category>
		<category><![CDATA[felony]]></category>
		<category><![CDATA[misdemeanor]]></category>

		<guid isPermaLink="false">http://houstontruckaccidentlawyer.org/?p=92</guid>
		<description><![CDATA[A felony is a serious crime, and includes both violent and non-violent offenses like burglary, drug trafficking, robbery, murder, grand theft, and aggravated assault. Essentially, what makes a felony a felony is that the crimes carry prison sentences in excess of one year. Some felonies carry death sentences. Because of the severity of these crimes, [...]]]></description>
			<content:encoded><![CDATA[<p>A felony is a serious crime, and includes both violent and non-violent offenses like burglary, drug trafficking, robbery, murder, grand theft, and aggravated assault. Essentially, what makes a felony a felony is that the crimes carry prison sentences in excess of one year. Some felonies carry death sentences. Because of the severity of these crimes, persons convicted of committing felonies are permanently known thereafter as felons.</p>
<p><strong>Differences between a Felony and Misdemeanor</strong><br />
In some cases, there might be a subtle distinction between a felony offense and a misdemeanor offense. A misdemeanor is a less serious criminal act that carries a weaker sentence. In most cases, those charged with misdemeanor crimes are sentenced to fines instead of prison. Those who are sentenced to serve time usually do so in local jails rather than federal prisons, where felons serve their sentences.</p>
<p>In some cases, the difference between a felony and a misdemeanor might just depend upon the circumstances. For example, the possession or distribution of illegal drugs might be a misdemeanor if the perpetrator was found carrying only a small amount of the substance. If the perpetrator was found with an excessive amount, however, he may be charged with a felony. The same can be said of those carrying guns. Whereas carrying a weapon legally would not be a crime, bringing a gun into a restricted area, like a designated gun-free school zone, could be a serious offense.</p>
<p><strong>Loss of Right of Convicted Felons</strong><br />
Even after serving out their sentences, felons in the United States are stripped of many rights the average citizen may take for granted. For example, in some states, felons might lose the right to vote or become ineligible to run for public office or serve on a jury. It also influences a person’s ability to pass a security background check when applying for a job, even in the private sector. Furthermore, noncitizens who commit felons are usually deported from the country. Once someone is a convicted felon, this label stays on his record for the rest of his life.</p>
<p>This article is not meant to serve as a substitute for legal advice, which can only be obtained from a <a href="http://www.willdefendu.com/practice-areas">criminal defense attorney</a>.</p>
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		<title>Workers Payments and Statutory Acts</title>
		<link>http://houstontruckaccidentlawyer.org/2010/05/workers-payments-and-statutory-acts/</link>
		<comments>http://houstontruckaccidentlawyer.org/2010/05/workers-payments-and-statutory-acts/#comments</comments>
		<pubDate>Sun, 30 May 2010 09:29:25 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[employer liability act]]></category>
		<category><![CDATA[statutory acts]]></category>
		<category><![CDATA[workers compensation]]></category>

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		<description><![CDATA[This is because the payments are only made on the basis of an employee’s capability to get employment partially for instance it is presumed that an employee who has lost an arm is still in a position to find work. The disadvantage is that the statutory does not put into consideration the challenges the employee [...]]]></description>
			<content:encoded><![CDATA[<p>This is because the payments are only made on the basis of an employee’s capability to get employment partially for instance it is presumed that an employee who has lost an arm is still in a position to find work. The disadvantage is that the statutory does not put into consideration the challenges the employee is likely to face when looking for work that will put that disability into consideration.</p>
<p><strong>Injured Employee Compensation</strong></p>
<p>On the same note, the workers’ compensation might recommend that the injured employee be given light duties yet the employer can easily claim that there are no such light duties therefore end up terminating the worker’s employment by claiming that he/she is not in a position to complete assigned duties. On the same note, attempts have been made to include other forms of injury including stress, silicosis as well as repetitive strain injury yet the law always disregards such forms of injury. Apart from that, the law does not also clearly state the total cost enough to provide for a disabled employee. As a result, the stipulated cost may be way below the actual amount that would be enough to sustain the employee’s living conditions throughout his/her life.</p>
<p>On the same note, an employee’s physical injury will affect his/her capacity depending on the professions. If a banker loses a finger, his earning capacity may not be affected as much as that of a pianist.</p>
<p><strong>Statutory Compensation in the USA</strong></p>
<p>Employer Liability Acts were passed by Georgia and Alabama in 1885 whereas similar acts were passed between 1855 to 1907 in 26 states. These acts were aimed at permitting injured employees to sue their employers and at the same time prove a case of negligent act or omission.</p>
<p>Following the enactment of Germany’s 1884 Act, reforms on workers’ compensation laws were initiated. This was done in a bid to discourage litigation, and also to discard the necessity for employees to prove that their injuries were as a result of the employer’s negligence. For instance, the 1800 Act was replaced by the 1897 British Act.</p>
<p>This article does not intend to give any legal advice. Please go and visit the attorneys Shavitz Law Group to know about statutory laws on <a href="http://www.helpingworkers.com/know-your-rights-minimum-wage.php">workers compensation</a>. Helping all workers in Florida.</p>
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		<title>Negligence and Personal Injury</title>
		<link>http://houstontruckaccidentlawyer.org/2010/05/negligence-and-personal-injury/</link>
		<comments>http://houstontruckaccidentlawyer.org/2010/05/negligence-and-personal-injury/#comments</comments>
		<pubDate>Sun, 30 May 2010 09:26:41 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[negligence]]></category>
		<category><![CDATA[personal injury]]></category>
		<category><![CDATA[proving negligence]]></category>

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		<description><![CDATA[There are essentially two kinds of torts that may come into play with personal injury. The first is intentional. The second and most common is negligence. Some cases of negligence are clear cut while others can become very complex. Negligence means acting in a careless or thoughtless way; failing to take reasonable care; failure to [...]]]></description>
			<content:encoded><![CDATA[<p>There are essentially two kinds of torts that may come into play with personal injury. The first is intentional. The second and most common is negligence. Some cases of negligence are clear cut while others can become very complex.</p>
<p>Negligence means acting in a careless or thoughtless way; failing to take reasonable care; failure to act when it is determined a reasonable person would have done so. Simply reading those statements you can start to see various situations where this could sometimes be hard to show.</p>
<p>Winning a case of negligence involves four basic things that must be proved for a successful outcome.</p>
<ul>
<li>The defendant (person or company the lawsuit is being made against) owed the plaintiff (injured person) a duty of care.</p>
<p>Using a simple example: As a landlord you must keep stairs, roofs etc in a safe state. What is the tenant’s duty though to inform the landlord of anything they notice that is not safe?</li>
<li>It must be proved that the defendant breached that duty, failing to exercise proper care.
<p>Let us take a look at our landlord again. Suppose a broken light fitting falls on the tenant’s head causing injury. It is clearly the landlord’s responsibility to keep the light fittings in good repair but – what if the tenant had failed to tell him it was broken? If he had informed the landlord how long ago and what constitutes a reasonable period of time for repair? What if the tenant had broken the fitting himself?</li>
<li>It must be proved that that breach of duty caused the injury.
<p>Let’s say that it turns out that the broken light fitting fell while the tenant was swinging his child overhead playing airplanes, hit the light which then fell on his head. This lends a slightly different view to the light simply falling. What caused the injury, the light being in disrepair or the tenant’s child hitting it? Would the light have fallen anyway? If the light was in good repair would the child knocking it have caused a break and fall?</li>
<li>It must be proved that the plaintiff suffered damages.
<p>In our landlord and tenant example it is probably fairly clear that the tenant suffered injury. The extent of injury would make a difference as to any damages he might be awarded should the other 3 burdens of proof rule in his favor.</li>
</ul>
<p>There are a number of cases where proving injury can be more complex. Being able to prove the time of injury can be important as well as the extent. This is why it is helpful to have witnesses, take photos and seek medical attention as soon as possible.</p>
<p>Often of course people find themselves, the plaintiff, opposing a large company. Many people are frightened by this and feel they have no chance of compensation. The same laws apply to companies as they do to individuals. The important thing is to consult a lawyer who can help you go through your case and decide if you have a reasonable chance of proving the four points. If you are in the <a href="http://www.kenallenlaw.com/practices_personal_injury.php">Chicago area</a>, Ken Allen Law can help.</p>
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		<title>Florida Probate Law</title>
		<link>http://houstontruckaccidentlawyer.org/2010/05/florida-probate-law/</link>
		<comments>http://houstontruckaccidentlawyer.org/2010/05/florida-probate-law/#comments</comments>
		<pubDate>Sun, 30 May 2010 09:23:21 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[estate law]]></category>
		<category><![CDATA[florida probate law]]></category>
		<category><![CDATA[probate law]]></category>

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		<description><![CDATA[Probate refers to the process a court engages to distribute assets of a deceased person. In Chapters 731 through 735 of the Florida Statutes, one can find the Florida Probate Code. Generally, after the deceased person&#8217;s assets have been identified, a court will use those assets to pay any outstanding debts the deceased person has. [...]]]></description>
			<content:encoded><![CDATA[<p>Probate refers to the process a court engages to distribute assets of a deceased person. In Chapters 731 through 735 of the Florida Statutes, one can find the Florida Probate Code.</p>
<p>Generally, after the deceased person&#8217;s assets have been identified, a court will use those assets to pay any outstanding debts the deceased person has. Before this, however, the assets are used to pay the cost of the probate proceedings. After court fees and outstanding debts have been paid,  the court will give any leftover assets to beneficiaries of the deceased person. In Florida, there are two types of probate administration under Florida law. One is called formal administration, and the other is called summary administration. There is also another type of administration that is not supervised by the court. This kind of proceeding is called &#8220;Disposition of Personal Property without Administration.&#8221; Only in certain situations may this kind of proceedings be used.</p>
<p>Typically, a creditor or beneficiary legally files for probate. If the deceased left a legal will behind, then the Personal Representative (also known as the Executor) named in the will initiates the probate process.</p>
<p>According to Florida Probate Laws, only the original copy of a descendant&#8217;s will is accepted by the Florida court system. This law is in place to help ensure that the will is indeed valid. Typically, a lawyer should be consulted when dealing with the probate process in Florida to ensure it is completed in a timely, professional, and efficient manner.</p>
<p>Depending on each legal case, the fees for filing probate vary greatly. Typically, attorneys&#8217; fees for estates with values of $40,000 or less is about $1,500 dollars.</p>
<p>Estates without a valid will are defined as &#8220;intestate&#8221; estates. Florida Probate laws dictate specific actions that must be taken in this situation. In Florida, if there is a surviving spouse and no children, then the entire estate is given to the spouse. If there is a surviving spouse and children, the first $60,000 and one half of the remaining estate assets go to the spouse first. Then, the rest of the estate goes to the children.</p>
<p>Overall, it is better to create a valid will to make the probate process easier for your loved ones in Florida.</p>
<p>For more information on Florida Probate Laws, please visit the <a href="http://www.florida-probate-lawyer.com/floridaprobate_faq.php">Florida Probate Attorney</a>.</p>
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